High Court Of ChhattisgarhWPS/5605/2012disposed off

Ramakant Patel v. State Of Chhattisgarh And ORS.

2018-12-03Hon'Ble Shri Justice P. Sam Koshy3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5393 of 2012

1. Smt. Vijaya Panda W/o Naresh Panda Aged About 36 Years, R/o Gharghoda, Tahsil and P.S. Gharghoda, Dist. Raigarh C.G.,

2. Smt. Preeti Singh Thakur W/o Dharmendra Singh Aged About 34 Years R/o Gharghoda, P.S. & Tahsil Gharghoda, District : Raigarh, Chhattisgarh ---- Petitioners

Versus

1. State of Chhattisgarh Through Secretary, Department of School Education, D.K.S. Bhavan, Raipur Chhattisgarh

2. Mission Director, Rajiv Gandhi Shiksha Mission Raipur,District : Raipur, Chhattisgarh

3. Director State Council of Educational Research and Training, Shankar Nagar, District : Raipur, Chhattisgarh

4. Collector/District Mission Director, Rajiv Gandhi Shiksha Mission, Raigarh, District : Raigarh, Chhattisgarh

5. Chief Executive Officer, Zila Panchayat (D.R.D.A.) Raigarh, District : Raigarh, Chhattisgarh

6. District Project Co-Ordinator, Rajiv Gandhi Shiksha Mission, Raigarh, District : Raigarh, Chhattisgarh

7. Block Education Officer, Gharghoda, District : Raigarh, Chhattisgarh ---- Respondents And Writ Petition (S) No. 5605 of 2012 • Ramakant Patel S/o Padumlal Patel, Aged About 40 Years, Head Master., Govt., Primary School, Bhogpur, Block Tamnar, Dist. Raigarh C.G.

---- Petitioner

Versus

1. State of Chhattisgarh through Secretary, Department of School Education, D.K.S. Bhawan Raipur, Chhattisgarh

2. Mission Director, Rajiv Gandhi Shiksha Mission, Raipur, District : Raipur, Chhattisgarh

3. Collector/District Mission Director, Rajiv Gandhi Shiksha Mission, District : Raigarh, Chhattisgarh

4. District Project Co-Ordinator, Rajiv Gandhi Shiksha Mission, Raigarh District : Raigarh, Chhattisgarh

5. Chief Executive Officer. Zila Panchayat (D.R.D.A), District : Raigarh, Chhattisgarh

6. Block Education Officer, Tamnar Raigarh, District : Raigarh, Chhattisgarh ---- Respondents For Petitioners :

None For State :

Shri Majid Ali, Dy. Govt. Advocate For Respondents 2 to 4 :

Shri B.L. Sahu, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 03.12.2018 1.

The challenge in the present writ is to the order Annexure-P/1 dated 03.12.2012 whereby the services of the petitioners were being sent back from the post of supporting teachers under Rajiv Gandhi Shiksha Mission to block resources persons. The petitioners have been provided with interim protection vide orders dated 13.12.2012 and 27.12.2012. 2.

Considering the lapse of time and during which by virtue of the interim protection, the petitioners continues to remain at the present place of postings, in the opinion of this Court, it can be disposed of with a direction that the respondents shall not act upon the impugned order any further. However, the right of the respondents would stand reserved where in the event of administrative exigency the respondents if they want to sent the

petitioners back, they can do so after proper scrutiny of the matters in accordance with the rules governing the State. 3.

With the aforesaid directions, the present writ petitions stand disposed of.

Sd/- (P. Sam Koshy) Judge vatti